My husband was recently arrested and charged with DWI, no immigration hold was placed. This is the first time he has gotten in trouble. Is there a possible chance of deportation and what other risk does he face?
You need a local defense lawyer to advise you on what to expect. I have represented defendants with varying degrees of status in our country, it may be possible to get through this process and avoid deportation. You need an experienced local defense lawyer to have the chance to help your husband. Find a lawyer who has not only DWI experience, but experience with non-citizen defendants. I would also recommend that you visit an immigration lawyer to see if anything can be done to help your husband stay in the country, and to advise you during the criminal case.
An illegal immigrant is always at risk for being deported. It will hurt his chances of staying here legally if he takes a DWI conviction. He needs to find an attorney in his area who regularly handles DWIs. They are complex cases, but there are many ways to beat them. He needs to do everything possible to prevent a conviction.
If he's an illegal immigrant and immigration finds out, he will be deported. This is not related to the DWI. Generally a first time DWI (alcohol) will not affect the status of a LEGAL immigrant.
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